• 18
  • May
    2011

The California Assembly recently voted 44-22 to prevent cuts to workers' compensation based on age, race or sex. Similar bills were approved in 2008 and in 2010, but they were vetoed by the governor.

In fact, legislation during the governor's term caused disability awards to be reduced by more than 15 percent across the state. People who opposed the bill said cost increases were a reason to vote against the motion. However, those who supported the move say that such a change is necessary in preventing discrimination of injured workers.

In the past, it would have been legal for a company to reduce the amount paid in workers' compensation if an individual's genetics were predisposed to certain conditions.

For instance, an African American worker had his benefits cut in half due to claims that African Americans are naturally predisposed to hypertension. Likewise, one case cited in support of the bill concerned a California woman whose disability award was reduced because of her age when she suffered a neck injury and developed carpal tunnel syndrome due to her work.

A Democratic Assemblyman praised the bill for its capacity to eliminate discrimination in workers' compensation cases. He explained that the bill would require companies to prove reductions in disability payments were caused by pre-existing medical conditions, rather than the likelihood of developing a medical condition based on the worker's age, sex or race.

For instance, employers would be unable to cut a female worker's award simply because women are more likely to develop osteoporosis than men, and genetic predispositions will not an acceptable reason to reduce benefits.

Source: Associated Press, "California Assembly bans workers' comp cuts due to race, sex," Adam Weintraub, 13 May 2011